JUDGMENT R.K. Agrawal, J.
1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Rakesh Khare, seeks the following reliefs:.
"(a) issue a writ order or direction in the nature of mandamus commanding the respondents to award one priority mark for 3 years (Part time) Post Graduate Diploma in Business Administration from Allahabad University for computing priority list for the purpose of promotion and officiation and amend the seniority list as published vide letter dated 7.8.97 and also prepare seniority list of subsequent years awarding one priority mark for the aforesaid degree.
3. In the counter affidavit affirmed by Satish Kumar Sharma and filed on behalf of the respondents, it has been stated that the petitioner's placement as Clerk-cum-Cashier has been in accordance with the scheme of amalgamation which scheme has also been upheld by the Apex Court and his name has correctly been placed at serial No. 86-A in the seniority list in accordance with the allotment of priority marks for the purposes of preparation of seniority list and the claim of one additional priority mark for the qualification of Post Graduate Diploma in Business Administration from the University of Allahabad is not acceptable as priority marks for educational and other qualifications have been specifically provided in para 3-B of the Circular letter dated 6thFebruary, 1997 and the settlement. It has also been claimed that the Government notification dated 11thFebruary, 1970 has no application for the purpose of preparation of seniority list of Cadre -III employees i.e. clerical cadre of the Punjab National Bank. Even if the Central Government has recognized three years Post Graduate Diploma in Business Administration from the University of Allahabad as equal to the Master Degree for the purposes of the recruitment to the superior posts and services in the Central Government for which Master Degree in Management or equivalent Diploma from recognized University/Institutions is prescribed as qualification, it has no application, whatsoever, for preparation of seniority list of the employees of the Punjab National Bank in the clerk-cum-cashier cadre and, therefore, the petitioner is not entitled for the benefit of the said notification. According to the respondents, as the petitioner does not hold Post Graduate Degree in Business Administration, he is not entitled for additional priority marks.
4. In the rejoinder affidavit filed by the petitioner the plea taken in the writ petition has been reiterated and one additional priority mark for three years Post Graduate Diploma in Business Administration from the University of Allahabad has been claimed on the ground that it has been recognized as equivalent to the Post Graduate Degree in Business Administration. It has further been stated that notification dated 11.2.1970 issued by the Government of India is also applicable for the purposes of preparation of the seniority list of the employees of the Punjab National Bank and, therefore, the petitioner is entitled for its benefit.
5. We have heard Sri Ram Niwas Singh, learned counsel for the petitioner and Sri K.L. Grover, learned Senior Counsel appearing for the respondents.
6. Learned counsel for the petitioner submitted that even though in the settlement entered into by the Punjab National Bank with All India P.N.B. Employees Federation on 30thJanuary, 1997 provided that one extra mark to be allowed for Business Administration Degree, as the Government of India vide notification dated 11thFebruary, 1970 had recognized three years (Part-time) Post Graduate Diploma in Business Administration awarded by the University of Allahabad for the purposes of recruitment to supervisory posts and services under the Central Government for which the Master Degree in Management or the equivalent Diploma from the recognized University/Institution is prescribed as qualification, the stand taken by the respondent-Bank is wholly untenable. Three years Post Graduate Diploma in Business Administration from the University of the Allahabad having been treated as equivalent to Degree in Business Management, the petitioner is entitled for one additional priority marks. He further submitted that the Government of India, Ministry of Human Resources Development, Department of Education vide letter dated 18thAugust, 1998 had clarified that all degrees/diplomas awarded by the University of Allahabad are automatically recognized and, therefore, three years Post Graduate Diploma in Business Administration being recognized one is liable to be treated at par. Further, the Association of the Indian Universities, New Delhi vide letter dated 16thSeptember, 1998 had also clarified that three years (Part-time) Post Graduate Diploma in Business Management is treated as equivalent to the Master Degree in Management for the purposes of employment. He, thus, submitted that there is no justification for not treating three years(Part-time) Post Graduate Diploma in Business Administration done by the petitioner from the University of Allahabad as equivalent to the Master Degree in the Business Administration and, therefore, the view of the respondents is wholly arbitrary, illegal and contrary to law. The petitioner is, therefore, entitled for one additional priority mark and if it is awarded his position in the seniority list would go up.
7. Sri K.L. Grover, learned Senior Counsel appearing for the respondents submitted that the scheme of amalgamation of New bank of India with the Punjab National Bank has been upheld by the Apex Court in the case of Punjab National Bank and Ors. v. All India New Bank of India Employees Federation and Ors. , and, therefore, the petitioner, after the New Bank of India having been amalgamated with the Punjab National Bank, became its employee. The settlement entered by the Punjab National Bank with All India P.N.B. Employees Federation on 30thJanuary, 1997 is thus binding upon the petitioner and, in fact, the petitioner is claiming award of marks for educational and other qualifications under the said settlement. According to Sri Grover, sub-para (B) of para 3 of the settlement deals with educational and other qualifications and provides for the allocation of priority marks. Clause (a) of the aforesaid para deals with marks to be given for Post Graduate Degree, which provides that Post Graduation in any number of subjects shall carry only one mark, however, one extra mark shall be allowed for Business Administration Degree. According to Sri Grover, as the petitioner does not hold Post Graduate Degree in Business Administration, he is not entitled for one extra mark. He further submitted that the Government of India, vide order dated 11thFebruary 1970, had recognized three years (Part-time) Post Graduate Diploma in Business Administration awarded by the University of Allahabad as equivalent to the Post Graduate Degree in Business Administration for the purposes of the recruitment to the supervisory posts and services under the Central Government, it would have no application to the employees of the Punjab National bank as the recruitment is not for services under the Central Government. Further, in the present case, the marks have been allocated for determining priority list i.e. Seniority list and not for recruitment. He, thus, submitted that no advantage of the notification issued by the Association of Indian Universities or the Government of India, Ministry of Human Resources Development, Department of Education can be taken by the petitioner.
8. Having given our anxious consideration to the various pleas raised by the learned counsel for the parties I find that it is not in dispute that the petitioner has done three years Post Graduate Diploma in Business Administration from the University of Allahabad. He was an employee of the New Bank of India and after its amalgamation with the Punjab National Bank, the petitioner became an employee of the latter. The agreement/settlement dated 30thJanuary, 1997 entered into by the Punjab National Bank with All India P.N.B. Employees Federation is binding upon the petitioner also and, in fact, the petitioner's claim is based upon the said settlement. Sub-para (B) of paragraph 3 of the said settlement provides for allocation of marks to various educational qualifications possessed by an employee. However, Clause (a) of sub-paragraph (B) of para 3 provides as follows:
"(a) Post Graduation in any number of subjects shall carry only one mark. However, one extra mark shall be allowed for business administration degree."
9. The Government of India had issued an Office Memorandum on 11thFebruary, 1970 recognizing three years (Part-time) Post Graduate Diploma in Business Administration awarded by the University of Allahabad for the purposes of recruitment to supervisory posts and services under the Central Government for which the Master Degree in Business Administration or equivalent diploma from a recognized University/Institution is prescribed as qualification. The Association of Indian Universities has also vide letter dated 16thSeptember, 1998 reiterated the same thing by referring the Government Order dated 11thFebruary, 1970. From the perusal of the Government order as also the letter dated 16thSeptember, 1998 written by the Association of All Indian Universities, New Delhi it will be seen that three years (Part-time) Post Graduate Diploma in Business Administration of the University of Allahabad has been treated as equivalent to the Master Degree in Business Administration by the Government of India for the purposes of recruitment only. It has not treated the said diploma as equivalent to Master Degree in Business Administration for all purposes. The equivalence has been treated only for the purposes of employment to supervisory posts and services under the Central Government. It cannot have any binding effect on the services, which are not under the Central Government. Degree and Diplomas given by an University connote different meaning and cannot be as one and the same thing. Under Section 22 of the University Grants Commission Act, 1956 " Right to confer degrees" has been provided. The right of conferring or granting degree can be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant, any degrees. Under Sub-section (3) of Section 22 "degree" means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette. Further, the conferment of a degree is governed by the specific provisions of the University Grants Commission, whereas awarding diploma is not regulated by it.
10. The Apex Court, in the case of V. Markendeya and Ors. v. State of Andhra Pradesh and Ors. , , while considering the challenge of the classification made between two classes of supervisors holding degree in Engineering and other holding diploma, repelled on the basis of the educational qualification. It has held that there is a basic difference between the two classes of supervisors as graduate supervisors hold degree in Engineering while non-graduate supervisors are only diploma and licence holders and they have all along been treated differently on the basis of difference in educational qualifications.
11. In the case of Union of India and Anr. v. R. Iyyaswamy and Ors. , , the Apex Court while upholding the promotion policy made to grant promotion by giving equal treatment to diploma and degree holders, has held that degree in Engineering is better educational qualification than a diploma in Engineering
12. Thus it is well settled that a degree is a better qualification than a diploma in the same discipline. If under the settlement one additional mark is to be awarded only to Post Graduate Degree holders in Business Administration, the claim made by the petitioner who is having three years Post Graduate Diploma in Business Administration, cannot be accepted. The Government of India may, for the purposes of recruitment in its services, treat three years Post Graduate Diploma in Business Administration awarded by the University of Allahabad and Post Graduate Degree in Business Administration as equivalent but that would not be applicable for the purposes of determining priority list/seniority list under the settlement dated 30thJanuary, 1997. The Punjab National Bank under the settlement or otherwise has not treated three years Post Graduate Diploma in Business Administration as equivalent to the Post Graduate Degree in Business Administration, therefore, it had rightly declined to grant one additional priority mark to the petitioner. Thus, the action of the respondents does not suffer from any legal infirmity.
13. In view of the foregoing discussion I find no merit in the writ petition, it is dismissed.